WIESER LAW OFFICE, P.C. ATTORNEYS AT LAW WIESER PROFESSIONAL BUILDING 33 SOUTH WALNUT - SUITE 200 LA CRESCENT, MN 55947

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1 m WIESER LAW OFFICE, P.C. ATTORNEYS AT LAW WIESER PROFESSIONAL BUILDING 33 SOUTH WALNUT - SUITE 200 LA CRESCENT, MN AEC'OBY MBA KELLY M.JVERSON AL "SKIP" WIESER. Ill AL WIESER, JR. Emritus PHONE: (507) FAX: (507) January 26, 2015 Ms. Karen Schuldt, Township Clerk Township of La Crescent 4610 CTH 6 La Crescent, MN Office of Administrative Hearings Municipal Boundary Adjustment Unit P. 0. Box St. Paul, MN RE: La Crescent/La Crescent Township Annexation- MBAU Docket No. A-7905 OAH Dear La Crescent Town Board and Office of Administrative Hearings: On October 24, 2014 you were served with a Notice of Intent for Annexation pursuant to Minn. Stat , Subd. 3 regarding the above matter. Upon the Office of Administrative Hearings review of the legal descriptions attached as Exhibit A, it was found that there were two clerical errors and the legal description for the portion of Crescent Hills Drive was not included. The Crescent Hills Drive area was also not shaded as part of Exhibit B. Therefore, attached is a Revised Exhibit A and Exhibit B to Notice of Intent for this matter. Should you have any questions, please feel free to contact the undersigned. cc: Honorable Tammy L. Pust, Chief Administrative Law Judge (via ) Attorney Terry Chiglo, Counsel for La Crescent Township (via ) Ms. Star Holman, State Program Administrator Sr. (via ) Ms. Kendra McCausland, MN Office of Administrative Hearings (via ) Mr. Bill Waller, La Crescent City Administrator (via )

2 EXHIBIT A (Revised ) Parcel : LOT ONE (1 ), BLOCK ONE (1 ), AND THE NORTH TEN (I 0) FEET OF LOT SEVEN (7), BLOCK ONE (1), OF THE PLAT OF CRESCENT HILLS THIRD ADDITION TO THE TOWNSHIP OF LA CRESCENT, HOUSTON COUNTY, MINNESOTA. Parcel : LOT TWO (2), BLOCK ONE (1), CRESCENT HILLS THIRD ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HOUSTON COUNTY, MINNESOTA. AND AN EASEMENT FOR RECREATIONAL USE, INCLUDING THE USE OF A SWIMMING POOL, OVER THAT PART OF LOT ONE (1), BLOCK ONE (1), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT TWO (2), BLOCK ONE (1 ); THENCE SOUTHERLY ON AND ALONG THE WEST LINES OF LOT TWO (2), AND LOT THREE (3), BLOCK ONE (1), FOR A DISTANCE OF FEET; THENCE NORTH 14 22'30" WEST TO THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT TWO (2), BLOCK ONE (1 ); THENCE EASTERLY ON THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT TWO (2), BLOCK ONE (1), TO THE NORTHWEST CORNER OF LOT TWO (2), BLOCK ONE (1), ALL IN THE PLAT OF CRESCENT HILLS THIRD ADDITION TO THE TOWNSHIP OF LA CRESCENT, HOUSTON COUNTY, MINNESOTA. Parcel : LOT THREE (3), IN BLOCK ONE (1), OF CRESCENT HILLS THIRD ADDITION TO THE TOWNSHIP OF LA CRESCENT, HOUSTON COUNTY, MINNESOTA. Parcel : LOT FOUR (4), BLOCK ONE (1), CRESCENT HILLS THIRD ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HOUSTON COUNTY, MINNESOTA. Parcel : LOT FIVE (5), BLOCK ONE {1), CRESCENT HILLS THIRD ADDITION TO THE TOWN OF LA CRESCENT, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR HOUSTON COUNTY, MINNESOTA. Page 1 of2

3 Parcel : LOT SIX (6), BLOCK ONE (1), CRESCENT HILLS THIRD ADDITION TO THE CITY OF LA CRESCENT AND TOWNSHIP OF LA CRESCENT ACCORDING TO THE RECORDED PLAT THEREOF, HOUSTON COUNTY, MINNESOTA. TOGETHER WITH ALL RIGHTS AND RESPONSIBILITIES OF THE WATER SERVICE AGREEMENT RECORDED SEPTEMBER 1,1998 AS DOCUMENT NO Parcel : LOT SEVEN (7), IN BLOCK ONE (1), CRESCENT HILLS 3RD ADDITION TO THE TOWNSHIP OF LA CRESCENT, EXCEPT THE NORTH 10 FEET THEREOF, HOUSTON COUNTY, MINNESOTA. AND ALSO INCLUDING THAT PART OF NORTH 4 STREET LYING ADJACENT TO THE ABOVE DESCRIBED PARCELS. AND ALL THAT PART OF CRESCENT HILLS DRIVE THAT BORDERS THE EXISTING BOUNDARY OF THE CITY OF LA CRESCENT, HOUSTON COUNTY, MINNESOTA, AS SHOWN ON THE MAP ATTACHED HERETO AS EXHIBit B. Page 2 of2

4 u g g ii g "' Fl / e -z: :.:..-.:::; = - "ll IT! ;Q 0 (I) "ll ::1 0 z (I) C> a Q >... -< z IT! c X ;::: > ;;j ::1 0 z I PROPOSED ANNEXATION BOUNDARIES LA CRESCENT, MN EXHIBIT B (Revised )

5 NOTICE OF INTENT FOR ANNEXATION IN THE MATTER OF THE NOTICE OF INTENT FOR THE ANNEXATION OF CERTAIN LAND TO THE CITY OF LA CRESCENT, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBD. 3 TO: La Crescent Town Board Attn: Karen Schuldt, Township Clerk 4610 CTH 6 La Crescent, MN 55947; and Office of Administrative Hearings Municipal Boundar:;' Adjustment Unit P. 0. Box St. Paul, MN WHEREAS, the territory described below is not presently within the corporate limits of any incorporated city, and WHEREAS, the area proposed for annexation is 40 acres or less in size, is 60% or more bordered by land already within the corporate limits of the City of La Crescent, and is not appropriate for annexation by ordinance pursuant to Minnesota Statutes , Subd. 2(3); and WHEREAS, the area proposed for annexation is described as follows: SEE EXHIBIT A and EXHIBIT B WHEREAS, the area proposed for annexation abuts upon the corporate limits of the City of La Crescent, Minnesota; and WHEREAS, the area proposed for annexation is unincorporated, abuts on the city's boundaries and is not included within any other municipality; and WHEREAS, the area proposed for annexation is approximately 7.05 acres in size; and WHEREAS, the reason for the proposed annexation is the subject area is now suburban in character. The present population requires the City to continue to grow in an orderly and planned manner in order to continue to provide needed government services in a cost-effective and feasible manner. The properties described on Exhibit A have the ability to be served by City water and sewer. The City of La Crescent needs to annex additional property in order to expand; and

6 WHEREAS, the nature of the area proposed for annexation is residential; and WHEREAS, the area proposed for annexation is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statutes , nor in any other proceeding currently pending before the Office of Administrative Hearings - Municipal Boundary Adjustment Unit; and NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF LA CRESCENT, MINNESOTA that we hereby serve a Notice oflntent to annex the abovedescribed property into the corporate limits of the City of La Crescent, Minnesota on: La Crescent Township; Houston County; and the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings. Adopted this 13th day of October, Mayor uj Ci y Clerk/ Admtmstrator

7 EXHIBIT A Parcel : LOT ONE (1), BLOCK ONE (1), AND THE NORTH TEN (10) FEET OF LOT SEVEN (7), BLOCK ONE (1), OF THE PLAT OF CRESCENT HILLS THIRD ADDITION TO THE TOWNSHIP OF LA CRESCENT, HOUSTON COUNTY, MINNESOTA. Parcel : LOT TWO (2), BLOCK ONE (1), CRESCENT HILLS THIRD ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HOUSTON COUNTY, MINNESOTA. AND AN EASEMENT FOR RECREATIONAL USE, INCLUDING THE USE OF A SWIMMING POOL, OVER THAT PART OF LOT ONE (1), BLOCK ONE (1), DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT TWO (2), BLOCK ONE (1 ); THENCE SOUTHERLY ON AND ALONG THE WEST LINES OF LOT TWO (2), AND LOT THREE (3), BLOCK ONE (1), FOR A DISTANCE OF FEET; THENCE NORTH 14 22'30" WEST TO THE INTERSECTION OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT TWO (2), BLOCK ONE (1); THENCE EASTERLY ON THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT TWO (2), BLOCK ONE (1), TO THE NORTHWEST CORNER OF LOT TWO (2), BLOCK ONE (1), ALL IN THE PLAT OF CRESCENT HILLS THIRD ADDITION TO THE TOWNSHIP OF LA CRESCENT, HOUSTON COUNTY, MINNESOTA. Parcel : LOT THREE (3), IN BLOCK ONE (1), OF CRESCENT HILLS THIRD ADDITION TO THE TOWNSHIP OF LA CRESCENT, HOUSTON COUNTY, MINNESOTA. Parcel : LOT FOUR (2), BLOCK ONE (1), CRESCENT HILLS THIRD ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HOUSTON COUNTY, MINNESOTA. Parcel : LOT FIVE (5), BLOCK ONE (1), CRESCENT HILLS THIRD ADDITION TO THE TOWN OF LA CRESCENT, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR HOUSTON COUNTY, MINNESOTA. Page 1 of 2

8 Parcel : LOT SIX (6), BLOCK ONE (1), BLOCK TWO (2), CRESCENT HILLS THIRD ADDITION TO THE CITY OF LA CRESCENT AND TOWNSHIP OF LA CRESCENT ACCORDING TO THE RECORDED PLAT THEREOF, HOUSTON COUNTY, MINNESOTA. TOGETHER WITH ALL RIGHTS AND RESPONSIBILITIES OF THE WATER SERVICE AGREEMENT RECORDED SEPTEMBER 1, 1998 AS DOCUMENT NO Parcel : LOT SEVEN (7), IN BLOCK ONE (1), CRESCENT HILLS 3RD ADDITION TO THE TOWNSHIP OF LA CRESCENT, EXCEPT THE NORTH 10 FEET THEREOF, HOUSTON COUNTY, MINNESOTA. AND ALSO INCLUDING THAT PART OF NORTH 4TH STREET LYING ADJACENT TO THE ABOVE DESCRIBED PARCELS. Page 2 of 2

9 OUTLOT (\' 'A'.l.EQEliQ II II EXISTING CI1Y LIMITS PROPOSED ANNEXATION I ()'0 13 II Jl \\ 5 / 12 6 \" / BLnCK i! l!j:!!!;;; 5 _d:v j i!l ii,'\:: "' ---r-;-r CCI I rffith t; ljtttt1j CCI Ul w it' <( 0 z :::0 oz m::e z,_- 2z"" 1-W <(Oai XUlwwn zn::" zu <(<( o--' w Ul 0 o_ 0 n:: o_ SCALE: J.S SHOWN ,., 1 OF 1 H ::Jj i:li

10 3 AND 4, EW., '- CoPY ' CRESCENT HILLS 3RD ADD I- LINE OF BLK. 2 T 104 N, R 4 W., CITY OF LA CRESC.ENT AND TOWt HOUSTON COUNTY, MINNESOTA SE COR. LOT I, BLK. 2, VALLEY VIEW ESTATES NE COR. OF Sl/2 OF NEI/4-SEV4, SECTION 4 NW COR. OF S 1/2 OF NW V4- SW 114, SECTION 3 A 1" IRON PIPE MONUMENT. \ \ f!p' -"'--L-a. t IZ5.00 ){{r. N 88.,_.35' QQ r-:-r so =1}=:s.--t-- 6' PVILIC I.2-"l:, \... NORTH LINE OF S 1/2 Of NW 1/4- SW 1/4 - I..:I VI Nl I ll Zl I IJriLITY CASEMENT I 6'1't18L 1 r AS1 L!wEST \rv 1.'2 c \/11 1/4 ' f l. SEGT!ON LINE OF SW 1/4 - SW 1/4, SECT I w 1-81 rt) 0.. n:: 0.u (I) 1- N :I: ffi ::::. 1- u lj; a:: (f) 0 w UJ z a: :I: u 1- It) tl. Oz w2 Zl -u Is_ < N 05q47' ' '1-... "'o "' 0. \.. 0 c;. \S. IS... - I ' -N as 01' 5o.. w. en WtL. 311:0 SOUTHWEST CORNER OF SECTION 3, ij..j. / :of!sh- 104_ RTH,_ RANE _4 WEST,